Govt faces hurdles in repeal of anti-gay law

It is too early for the gay and lesbian community to celebrate the government’s talk of decriminalising homosexuality. The centre will find it very difficult to build a consensus on the issue, with religious leaders already rejecting the idea of repealing section 377  of the Indian Penal Code and opposition parties asking the government to exercise caution.

DNA had reported on Saturday  the Centre’s plan to review the section, which terms intercourse between same-sex individuals “against the order of nature”, a crime that carries a punishment of up to 10 years in prison.

Showing the government’s intent, Union law minister Veerappa Moily had said on Friday that Union home minister P Chidambaram is planning to convene a meeting of the health and law ministers over the issue.

On Sunday, Moily sounded more cautious. He told reporters in Thiruvananthapuram that concerns of all section of society, including religious leaders, will be taken into account. And this is where the biggest hurdle lies.

The Vishwa Hindu Parishad (VHP) has opposed any dilution in section 377. The VHP’s Delhi unit spokesman, Vinod Bansal, said: “It [homosexuality] is against the culture and family system in India. It will result in the spread of a number of diseases. But we will see what changes, if at all, are introduced in the section.”

Jamiat Ulema-e-Hind, a leading body of Muslims in the country, said the repeal of section 377 would create “sexual anarchy” in society.

The Church has also opposed the move. “The Church’s stand on the issue has always been clear. For us it is an unnatural act, against the divine law. We will definitely oppose it,” said Joseph Dias, general secretary of the Catholic Secular Forum.

Dias, however, said the law can be changed to save homosexuals from harassment at the hands of police.

Rt Rev Abraham Mar Paulos Episcopa, head of Marthoma Syrian Church of Malabar diocesan, said homosexuality “is against the tenets of Bible. Man and Woman were created in God’s own image. Homosexuality is against society”.

The BJP also voiced its reservations. Party leader Mukhtar Abbas Naqvi said: “We are living in India, not in an European country. These issues are very important and sensitive. A thorough discussion is needed on this issue.”

CPI(M) politburo member MK Pandhe said his party “doesn’t support homosexuality”. But he refused to comment about section 377, saying “our party has not discussed the matter [yet]”.

Gay and rights activists, who held pride marches in Delhi, Bangalore, Chennai and other cities on Sunday for the second consecutive year, sounded upbeat. “This is fantastic. I can’t believe it’s finally happening,” said Geeta Kumana of Aanchal Trust, a Mumbai-based organisation that fights for the rights of lesbians, bisexuals and transgenders.

“While prejudices will still continue to haunt us, at least we will have the law on our side,” she said, adding that decriminalising homosexuality will boost fight against AIDS as any doctor treating a gay HIV-positive person can be accused of abetment under Section 377.

Anjan Roy (name changed), a participant at Queer Pride in the national capital, said: “This year people seem to be more open. It seems like just the government’s willingness to repeal section 377 has brought many out of their closets.”

Manohar, founder of gay rights group Sangama in Bangalore, said he was happy that the government seemed to be taking steps towards repealing section 377.

Vijay Reddy, an activist in Chennai, said, “Article 377 should be read down till we have a comprehensive law which looks at sexual violence, where children and male rape is concerned...”

But Nitin Karani, trustee of Mumbai’s Humsafar Trust, an organisation that works for gays and lesbians, wasn’t overly optimistic. “There will definitely be opposition,” he cautioned.